Osage Indian Murders

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January 11 1929

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of Justice

|jp(p^lWeral Building gj&t Message*

tos . Angeles Cal

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2$ Endeavoring locate Claude Sawyer witness Bale Murder case
vw* Last known address San Tsidoro Calif Ascertain if known
there at this tine Handle hy wire Advise

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Government Bate - Official Business
PAID - Chg Bureau of Investigation

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‘HI^S-ASE originated at Oklahoma Cit

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' JppHOVCD AND
", pRWARDEOt

WASHINGTON

REFERENCE:

(0. c. File #70-1)

or .FACTS:

Horace G. Burkhart made affidavit in which he stated Subject
Hale requested him to tell Ernest Burkhart and John Ramsey tc
»sit steady", that he. Hale, would take care of everything#

Said affidavit incorporated In body of this report and with
Oklahoma City file*. V. S. Burkhart made affidavit in which
he stated Subject Bale requested him to. see Ernest Burkhart nd
prevail on him, Ernest Burkhart, not to take the witness stu:£
against him. Bale, eto. Said affidavit incorporated in i- -
of report and with Oklahoma City file* Mrs. W. G« Betts — uc
affidavit in which she stated Subject Hale' had requested her to
see Ern©3 1 Burkhart and tell him to keep his head and not to
tell anything, that if Ernest did. he. Hale, was a ruined man*

Said affidavit incorporated in body of this report and part of
Oklahoma City file. Case continued from January 7th to Janu-
ary 15, 1929. - s,

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PSEBDJG. "

HSFEHSHCPi This Agent’s report oated 12-22-28.

-At Pawhuska, Oklahoma-

HORACE G^$UHJKHART made affid&vi ; with reference to conversation with
Hale, which reads as follows t

"State of Oklahoma )

County of Osage } sa.

"jjy residence is Fairfax, Oklahoma, and I hereby make the following
statement free and voluntarily, first being advised that what I say
say will be used aa evidence in the case of the united States vs.

W. K« Hale.

- DO NOT WRITE IN THESE E-FaC' 3

'COPIES OF THIS REPORT FURNISHED TU:/ ,

3-Bureau f

1-U. S. Atty. Tulsa 1

1- U. S.Atty. 0. C. ■

1-Edwin Brown

1-T* J. Leahy 2-0kla.City

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Qa th* 4th day January, 1924, Mitt Beatty, 9* K* Bale and myself 1
da a trip from Fairfax, Oklahoma to Pawfcuaka , Oklahoma togethar and *
on our arrival at Pawhuska, Oklahoma, Bale was arrea»*l* Pitts Beatty
and myself wore up to the Sheriff's office and Bale told mo up there to
go see Ernest Burkhart and John Ramsey and tell them to sit steady, that
ho. Bale, would take care of everything* While ac route from Fairfax to
Pawhuska, Bala remarked to Pitts Beatty and Lysalf that M night b&
arrested on the Henry Roan case, as there had been setae tali about M*
(Bale) being arrested, but he. Bale, did not heXlevo that he going
to be arrested* 'While V« K. Bale did request of me to tell ay brother,
Ernest Burkhart and John Ramsey to ait steady tfcfiT‘Sr, Bale, would taxi
care of everything. Judging from his remarks * naturally thought that be
meant for them not to talk or tell anything they knov, aayrty, ~ die
deliver Hale's message as requested to Ernest Burkhart s.n£ Jci^

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About two weeks before Bale was arrested. In Da comber, 1926, ht f aala,
cams down to my place and told me that thero had been soae^tali- going
around that he, Hale, was going to b* arrested, but h* thought ths blame
would be laid upon Roy Bunch* He, Hale, said* that ha had talked to Hoy
Bunch and told him that he, Bunoh, had better leave the country* Ho said
to me, you know that Roy Bunch as been going with Henry Rosa's T *ife quite
a while, and I said yes* Hale said it would be enijr to lay the blame on
Roy Bunch because he. Bunch, had been going u.wh £&•&.&*$ wile*

Along in the fall, to the tsst of icy recollection, about ths first o i
October, 1928, I met J* I* Howard, attorney for Ktle, et gcmlmy, 'OklaMtn,
at which time Howard told me that if E nest would take the weight off of
Hale, that he, Howard, would take the weight off cf 3n*eat* FMLe Htw&rd
didn't tell me that he could get Ex'AOSt out, he Aid any that if Eru«s>t
would take the weight off of Eale that be, Hosrurd, could help him. • Hrr.e rs
Burkhart) as he was An a position to help hlr and that he, Eof.v. : i . wcu?tj ,

help him (Ernest Burkhart)*

(Signed) EC*l&CS G. LViaZLJ’S*

Subscribed 7th day of January, 1929, before Louise EcLau^.1 in, notary
Publie"

F* S, BtraZHART made affidavit with reference tc conversation has. with Sub*
which reads, as follows j

| n St^te of Oklahoma )

Jcmhty of Osage j ss

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►I reside at Fairfax, Okla* V* Z* Hale remarked to me that if 1 would’
the boy, Ernest Burkhart, and get Ernest net to appear on the etund ag* ;

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him, Bale, ha. Hale, would gat Ernest out of prison in sight of a
7 mt, and he, Hala, believed ha could gat Braeot out earlier? that
ha, Hale, knew things against him, Ernest Burkhart, that would
brake his, Ernest’s, neck, but, ha. Bale, did’nt want to tell if
he could halp it, but, if Ernest rant on the stand against his,

Hala, he would tell thasa things* Hale said n I will guarantee I
will get him out in sight of a year** This conversation too'; pl&co
in the jail at p&whuska, Oklahoma, sometime about twc or threw
months ago* W« X* Hala sent me word to come to pawhnska as ha
wanted to talk to me* That vaa the principal of what ha had tc
say to me* Of oo urea ha told a while, lot,- that ; was the only thing
of any importance that he wanted to see me forr

(Signed) W* 3. Burckhart »

Subscribed and, sworn 8th day January, 1929 Johnnie MOhoa,

Notary*

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MSS* W* G. /BETTS made affidavit with reference to converaatir.i had -1th
Subject Hale which reads as follows:

"State cf Oklahoma )

County of Osage ) 33*

* "I reside at Harlow, Okie* That on the morning Unit sm-st hurhl.
pled guilty at pawhuska, Oklahoma, as ay daughter, Hiss Tin; bstts.,
and I war© going from the street to the Court Eouae, at which time
V* Zm. Bala, who was then confined in the County Jail at Prwbuska,
Oklahoma, knocked on the window t .r*d beckoned tor ua tc come orsr to
tha jail which wo did, and ¥« K* Hale told us \>hat Ernest Burkhart
was going to plead guilty, but first he asked if we had talked with
Srneat, and W* K« Hale told us to get to jjfrnsst and tell him ' ■i.*-.,;
his head, or some such a word, not to tell anything, that if
did, ha, Hala, was a ruined man*

I have known W* K* Bale for the past ten years - in fact, we
been neighbors and friends, and, while Hr* Halo confined
Pawhuska County Jail at pawhuska, Oklahoma, I visited him ea
different occasion*, and 2£r* Hale has told ms several differ}
that Ernest Burkhart was the only witness that he, Sale, wa;.
of and Hr* Hal© has, £8 above stated, appeared verried abov/..
testimony -end wanted me to do anything 1 to prevent £* ■»

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testifying against him. Hale*

(digr.od; *33* C* Bril'.

Biotar Sod before Johnnie Mohon, January 8, 1C 25.

«*o—

Case continued from January 7th to January 15th, 1925’,
* «-••»*• iiu.- iSHrSatf a

PENDING.

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6£-S033-73€ Jtomrv 21, 19.':' .

i3Ji»BAi32)Uii yon m:.

Assistant Attorney General.

5; it?: further r fere nee
to tlie cnoe entitled: - »V* >’* (Hill
liur&er of Ocsje lEdir.ro, ther :
is trnn- 0 .it t e 1 herewith, for yc» r inf cre-
ation , n of a report of Spoor:?. r jort

J. I. Enrgcr* dated Jmuarp 15th, 19?S,
aX Ckls-honr City, Okie.

Yery truly yours.

Si.c.,;i25CC7

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CITY OKXA

O

E SAWYER

'NOPSIS of FACTS:

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J ^DETAILS :

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Subject not located at Cheyenne
Wyoming and last .heard from at San
Ysidro , California,

R. U. C.

Kight Letter from Oklahoma City
office 1-10-29.

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* t gDETAIXS ; 'AT DRIVER t .

27 ’"Telegram received from the Oklahoma City of flee-*

\pindicated that subject was wanted as an important witness in the ■*
[.^trial of the Hale Idurd er Case at Pahuska Oklahoma, and that he was
r ^reported to be in Cheyenne VTyoming where he was alleged to be engsy
7 p.n the radio business and probably connected with one !Cr. Early.""

i 1 2

" ^ Agen t ccmmunica tea \vi th As : s tan t E. S . At ;crney ,

^"T.P&ul Wilcox at Cheyenne Wyoming and at his request the r. .'.Warsaw
^iat Cheyenne ascertained that the only information he could obtain
; "relative to subject, was that his present residence is Gan Isidro,
^California, and that he had not been nears from for some, time* T b.i

n .information was v/ired to the Oklahoma City office or. January 11th,

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' ¥? A,Uk OF ORIGIII KC FURTHER ACT I Os KIRI.

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^WASHINGTDI

^4ference:

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DO NOT WRITI2 IN THESE SF A^TS

s/tfis-Lj / A_lf^

\ CDP.'tS or THIS REPORT FURNICHEpeO;

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! 2-Bur eau

; 1— US Atty Cheyenne
2-Denver
2-OUa City

^Special Agent

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Surrau jif Jmifstujatimt

P. 0 * Box 15 w,
Oklahoma City, Oklahoma,
Jan. 19 , 1929.

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CAB:H

70-1.

Director,

Sureau of Investigation,
Department of Jus tice,
Washington, D. C.

Dear Sir :

kjL i vV . xia la,

Osage Indian Murder cose

Attached hereto are clippings from tha T‘ulou,
Oklahoma, Daily ’World relative to developments in the trial
of the above named Subject, now in. process at Pavnusna, O.cla-
Your °t 'cation is also invited to the report of .r.gor.t Burger
dated J a. wary 15 tx;, entitled John mike, Inc; nil c dug ~ vor:.~
men t *di 000036 3. ■■

Very tr'uly yours

ysytsy 4 .^ ^

2nd ’s.

Soecial Agent in Charge.

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Oklahoma Girl
Gk)t Weil Quick

; uftft-r h. :■ first l>irtli:ift< y.

f m.> j,ltl*? «;• gh * •-. Patty j.ou. ns. I
| a. W *iot:s .iltnrk of run.-:: i i' - i ' i -> t ■ . *
•'f * s /!\lrs t , N a.1 Jii. U'«w<i. i ivi *'/*
1 27th Kt., Oklahovn;i City. “She be-
'.'iimo very weak ^.ad pale'. She had
r:o appetite and nothin; agreed
with her.

"California, Pig S>rup had a '"
ways I.ee .> a family rern^dy with
I its, mo 1 b< *an giving it to her. It
made b r ,ark up right away, and

j now shp is t:» rob.isi and happy
; a*iy ciiiKI !»; our iieigiil>orhco{!. I

; any ciiiKI hi our iieighborhcod. I
: give California Fig Syrup . r,, U <■. *- ijt
! for i.'-'i- w-pdorful «»r.d;|St^'C”i5sr -e
‘a great tV.ug for « *. •'-*
j Ciiudr.*': like the rich’, fruity
la file of California. Kig Syrup, and
J v(i U t an gfv-.‘ it to them as e-ftsn
i a.s they reed it. b»rau«c jt is purely
vegetable. For over 50 yearn lead-
I ing physicians have recommended
[ it. and it& overwhelming sales ree-
1 ortl of over four million bottlea &

: year -du-ws it gives satisfaction.

Kct'! i. g lomparoi with it as a
j pon: but certain laxativa, and ..

:,in-s further than this. It regj-

n. ’it : hi- stor.a< a and bowels s.:1
>:'U one and str- r.g'h to these

o. -•:■>. so they continue to aci r«ot>
n . ay. it f thcii own accord.

There are many imitations of
California Fig Syr m. so lock f ar
tho ♦ian :: “Califoi -’.la” on the car-
ton ic lie sure you get tlie geng-

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EULSA DAILY WORLD, FRIDAY, JANUARY 18, 1929

Hale Trial
Sidelights

HALE TRIAL QUIZ
OF INTIMIDATION
CAUSE OF CLASH

iJUrk«-Pinc Indian investljfa 1 ion ; a taxi driver in Fairfax until he
hearing, Crawford testified in his married Mollk* Iioai,, an Osage in-
p eh *jf , din n , 12 years ago. Howard said

„ ^ . „ . _ , „ 1 Burkhart had not worked since!

*««bli*h JurihdUlion. tha , „ me . 1

He Aid Row JLlHJesiar was an His w v ife then was l hr divorced
Incompetent Osage Indian and that wife of Henry Bonn She divorced
her property wan restricted land, Burkhart last year- Her estate is
Wltb tkte testimony the government valued at approximately ;

eatablUhed It* Jurisdiction in the “No contention will be offered •

matte* Insofar as It proved that by the defense that Koan was not
Roan suffered hlH death on! govern’ killed," said Howard. “Solely that
m«nt/ property and henW hia al- Hile had nothing to do with it and
lege# allaying should be tried by a i knaw nothing of It. The govern-,
and not •«*** court I m«nt says Hale's motive tu slay

the undertaker, w«s the was to get the insurance policy.
AnjEtwltneea {or the government. Names Roy Ranch.

8t. r««4ln* from *ov»rnm«nt never got ,j„, policy 0 i>

»Mt»r report* for Jdntari H>. 31 nun s tiff. Hi- diBvouriiKed the
and ftbmnry 1. 2, 3, 4. & and 6. propoaltlwn when it w at, hroai-hpd
for tlW, naked Smith how Inn* he/hlm by McClain Roan said if hi.-
fliarM Run had been dead. food <rtvnd B!n Hale would BUiir

Raalna hi* opinion on the tens ■ . antee aonte of ih*- ,,1-ciniuni pat
pemturea »lven him and the fact I mantB, he would get the imiu't.
that Hpan’i body wu frown wb«n I Roan admitted owing Hale Iota wt
ha brought tt to hta morgue, he mo ney. He had the policy with
aald the Indian had been dead tor Half made tt* beneficiary in xecilrf
10 day*. After thla testimony, court thP money hr- had previously bur-

10’ l'awliuaka is setting -drier and Continued from Page One

• . drier, ” as the Hale trial continue*. , . . r .

n ’ visitors remark Layton Sitchell. Menta. Judge Kennamer Inter-

* | chief of police, and W. W Thomas- f u P tc « ««? d ®^ nltlo “ h *

lion, Tulsa prohibition agent, have ln * 9 r ^ n i Uallei1 8talba

tl-ewtdueted a series of raid, here, marshal, for Goldasberry.

*| Several professional gambler*! yoldwbt^y ti^ wantod the

were 'asked” to leave town by Hale contempt snotter 0l*po4*d af
Chief Mitchell while Thotnaaon immediately when Howard ook*0
made liquor confiscations. It Ib un. that It be coaUpuo* fbr hearing
deretood that federal authorities until after tbe present trial,
have asked lor (trlct supervision Judge. C. B. Stuart of Tulsa. d«-
of liquor and gambling low* as a fenae attorney, xtotM that the gov-
protective mrosure for Indian wit- eminent had 24 hour* In which to
uesae*. mike it* investigation Of alleged

■ Jury tampering charge, that -.tala

I, B. Howard, one of the detente matter had been broadcast by the
attorney*, had difficulty in tiling fire*, and that o« the court fait
hi* right arm yesterday because of satisfied ihat the present Jury had
a fail he suffered on the hill on no ^ been tampered with “we would
I which l he courthouse stands. Be- ]{k9 to keep them froni thlB lrt .
cause of - the icy pavement, Osage formatlop and avoid placing them
county commiBaionera had a truck- under this strain”
load of salt scattered within falling M.k M (k.r«.

distance of the courthouse. Mate* « Ximrge.

- \ At this, Howard Jumped to hi*

recoMKHJ, ^ rowed from Hale.”

Court, opened at S:30 a, m. to-; The defense attorney charged i
day. ^our minutes later, T, J, i that Roy Bunch, a former Fairfax i
Leahy. special government prose- j meat cutter, who is the present •
cutor, began his opening statement husband of Roan* widow, "either;
to the jury. He read the govern- killed Roan «i had him killed.” He

ing the one and one-half years he Ithe open charge in court that ape-
spent in the laouvsnworth, Kan., ! ciaJ government agent* and de-
prieon before receiving a new j nartment of justice operative* are
trial, had varied occupation*. For spying on the Jurors in thia ca*e
the first two months, he worked a* with the purpose of intimidating
stone cutter. He next developed | them.”

Into a *tone planer f-nd then waa j Marshal Victor mumbled, “peo-
glven the job of polishing large Into trouble trying to

slab* of Bedford llemstone uied in timidato Jurors, 1 ’ Howard immedi-
the ronstnictlon of new prison f turned on him and *ald:

building* Half VII a »hoi> for*- ! "That 1 * all rlsrht. Mr. Victor. I'll
lfin when he left L*eavenw'orth loBt , «tsnd by my statement and charge.
July i Vou can t intimidate me, even If

— you are the United State* mar-

Murty spectators today were de- ^hal " Victor made no reply,
prlwd of the thrill of hearing T. J. Judge Kennamer spoke: "1 want
Leahy, special government, prose- counsel, defense as well as govern-
cutor. In his opening statement 10 rnent, to report to me any time
the Jury, anyone has any complaint to make

Leahy began his statement but and JT1 be ready to hear It and will
because of the noise made by late take immediate action.” Qotdes-
spectatora in taking their seats, herry then said: ”ln view of Mr.

Judge Franklin E, Kennamer or- Howard s charges that the govern-
dered the courtroom doors locked, ment agwnts are spying on the Ju-
Onty IX persons managed to enter, rors, I want proof made or tt in
■“ ? if|£, v.; i ■■ coiatC." J udnaK^nimer retter-

The government has subpoenaed f**^.* 1 * ^"”7 state ment, add -
two dead mm for witnesses in this mattor la now cloaed, cen-

triaJ. it wo* dlaclosed today. Sol < lem « n
Smith, former Fairfax ranches, and Fixes Bond.

[John MeClsJn, former Tulsa insur- He then fixed Irvin Hale's bond
a nee aollcitor, are the witnesses at |3.0tH» and said he would hear
who have died during the last year, the charge at the end of the pres-

, ent term of court, or when the HaJe

Henry Roan, the Indian, over trial is finished- Haie mode bond
whose death Hale stands charged Thursday night and woa rela**ed,
with murder, wn* found In Smith's Hale, in denying the charge made
pasture. McClain said that Hale against, him, said he became bank-
asked hlfci to make a *r&.000 in- rupt during a Blump to the cattla
aurance policy on Rouifa life nam- business in 3818, HLb friends vert-

ling Mm, Hale, beneficiary of the fjed this Etat«?ment- -

policy, the government claims. Tile nine goVernment wltnCiiw

who testified today Included Bob

Three automobiles filled with Parker and Jim Rhodes, Fairfax
r«deral agents speeded out of Paw- stockmen and former officer*: Dr.
husk* last njght on a mission Jj. G. Shannon of Fairfax. C. A.
which, it was said, may poasibly Clark of PawhUBka. a surveyor;
j develop further informaion In re- George C. Campbell, clerk of th«
gard to probe begun by the govern- Oooge Indian agency at Pawhuaka;
ment yeaterda^ relative to allege- Fred Ludwig. Osage county clerk |
Uotis that a prospective Juror had Rose Uttlestnr of Pfiwhusk*. Oaage
been approached In a bribe attempt. Indian woman ; W. U. Crawford,
It was said that thes^ federal special disbursing agent of the
agents are planning to examine the Osage Indian agency at Pawhiuka,
entire Hale Jury venire of 384 men and Ray Smith of Drumright, for-
In an effort lo learn If any irregu- mer Fairfax undertaker.
larJlles have occurred line# these -ivii* p* ru n nD -

en were summoned for Jury aerv- ™* <* Bod ^

ices, Parker and Rhodes, who gave

- similar testimony, said they were

ttnT . , . , Jelled to a pasture four mile* north-

Hold JoMt Meeting leaat of Fairfax, Februar>' 1. 192L

Representatives of various Tulsa and found Henry Roan. Osage In-
social agencies met at the T. W. C. dian. dead lp the front meat of on
A. Thursday night for their flr*t automobile.

'Opct together” dinner of the year. Evidence showed that Roan hag
Howard W. Meyer, city Boy Scout been shot in the head with a pistol,
executive, presided and Mias Kath- Doctor Shannon testified In regard
ryn Lain of the Y. W. C, A. led the to the nature of Roan’s woufid*.|
singing. Several special stunts Clark Introduced surveys Into thql
were staged under the direcHtm of records to thow typ o graphical I yr
| Miss Mabel Allison and C. D, EltJ- where Roan wa* slain, Roy Bl|
Sion of the program committee. Lewi* of Oklahoma Cfty. UotftdA

— States district attorney, then 1 ntro-i

Rubbin It In. duced land titles of the acreage

Mr. Fordaon— Tr,. I on give wh * rf R v °^'* body v «“* _ .

iu a Job, I need a chauffeur to Campbell Mid he assisted in a

_ — (rtirvpv Ikf tho nAtftlirr* I,nrtw<r »ath'

ment cpJtrge and indictment against

Hale. —

y; Goierniiwut Word.

iie Wild Roan was b government

said Bunch began to court Roan’is
widow three years beforv the Jn- ;
dian’s death. |

He became Intimate with ber j

w*rl because be was a spendthrift and ad a result he and Roan became
|and a ttrunkord, He said Raan at- bitter ensmiea. Howard fold the .
lten.ptafl aulcide twice, "The gov- Jury.

rrjikiaat axpects to prove by evi- >d Thc two engaged in several •
***•*-.■# VAt J. R. McClain, an insur- r £ig-hCja and gun plays. Bunch nmdc |

once dollcltor. approached Hale pealed attempts to have Rua.
wUJi tfc* purpose of having some j When Roan found hln hum

Indian insured. When asked about had broke

a ptfkpr for Roan, Hale *uid You dr | n klng excess!
couklnt |M a policy on that drunk- tempted suicide
' V 3 after Roan s I

mi uj>, he took lo I
Ivtdy and then »[-•
twice. A few day? ;
body w as fouud, '<

H|V If he could he w'ould Hunch married hie widow

**1“ * P«>“ lu ™- .«» w*" -Burkhart WM 0 f t r,

* V 7" Burkhart was offered itn-

= - ^ from a murder char*, it j

R "?* % °' t * “? l 1 d ^ d0 "* he made a atatement lmollcalinc .

blm ^ *" Roth', death. Burkhart:

UkW. II a.QOO. fiu rich were intiniate IrScnda.

^IbMllCn policy was rejected, ^ ^ .

ho *srtbsf. Later an Insurance com- Charge Perjury,

puny tt jbsnver made a policy to Jl Ramsey did not buy hit aulomo- I
Homs ePMch toe was named b«n- bile with money Hale gave hlin ah -
njMyal T|>r » *hoy xrmm (or the (3av«mm*nt charge*. \ThvJj
mmr . money was given him by HH|

L0ll^ then outlined the govern- Crammer Burkhart has wjll^Ki>l
to be presented against Perjured himseir ^

Hale- IH® “Aid the government uli en t0 V* v C j Ury i

H ai r ]He “aid the government „ ^ en to ^ that 1

'would to prove that Roan was Hu * . ^V aehburn held a pros-

not ind® 1 * 1 * 13 lD Hale fo the extent T , he . county Jail here on n

claimed hy the rancher. That Hale f <<c3eral e ^ ar , pe ’ bul thal |

mode statement* that he intended ^ P lante| 3 in Hale's cell as a!
to to Rli* Roan after . M

the onS-Ft*! suicide Clause in the ... was pul there to get some- r
policy Vo« id expire; that Ernest thing on Hale, He attempted to
Burfch^*' hlsjiephew (a convict in ^ t ^ reak ^ ut T °~ I

Burk hap- hie .nephew (a convict In ^ Xli

the *ta# Jprliion now serving a lift K? *”** * n * t t**‘ t0 prop.
sentSier t 0 * murder) w-as a go- 15? M'ashburi

John Ramsey, a cow- he thought he wanted, he I

bojr vrlii Vorked for Henry Gram- “■ a , ^rited to *0 to Xulaa, He 1
mer, hired to assassinate Roan, wa * l m/ned lately taken over there .

Th# prosecutor **id the govern- °/* ice °f Mr Ooldesberry.

mentt would prove that Ramsey ad- Washburn then sent Hale h !
mi tied to several people that he ,clt ® r wishing him the best of luck |
hod kilfcd Roan at Hale’s request. In forthcoming trial," Howard

ixf™robj«tA. y? 811,1 I

Defense counsel took objection
to t±Um statement, declaring that
Ramsey** purported statements
were tool binding on Hale. The ob-
jection wms overruled by the court,
who pointed out that tbe state-
ment, as being given by Leahy.

PEESONS HURT
,0N BRISTOW ROAD

ment. as being given by Lenhv.
was try Burkhart to Hale. How-
ard -gatd that Hale never Va* pres-
ent any time when Ramsey

i*oe\ Injured Seriously; All on |
^Va\ From Bond fcprtnge Jo j
Mtpcw for Funeral.

made statements or cojifesHioins to sp«rii«jVji»j>a*ok woriti. . |

Vy *? ** ttl tt ‘’'J'" 1 *' 1 i } 0 “" To BRISTOL Jan. 1:.— Twelve per. :
eumlf k,«rre. evidence of thla na- \

tw* mold lie to deprive Hale or ,onB were ln \ rcd . three seriously. .
h*»_A*MtltuUoiml riKbti, Howard when the he wily loaded ear Ih i
*‘4!*, further objection which they wer^idlnjr skidded into !

Hale and Ramaey were given a ditch J2 mUesViorih o! here!
Wetjentencee in 1S!« when con- Thursday. One Xn, f6 U r women!

‘E Jj. 8 ^h"'' , co ", Thur^ay. One' X n , four women

4 nEn ; ■ M 8 mT and spven childreA. residents of |

»>W* or appeal*, m granting Hale K ftn H KtjH nn VP rwAn

^«7s^. 1 Tee 5 rtled n X«ate*ly it D^et^* relative

i-rLco^a «L D “ ni f iB A ie8r -‘ Sysa

n my flivver. survey of the pasture. Ludwig gavw

The Applicant— A flivver If U? testimony In regard to the title *C;
Sorry', but 1*11 have to pass It up. the P**ture land. Row Llttlastari
I ain't got a stationary engineer's the next wltno**, walked into
Ucenae. courtroom gar bed. in a pletutttjlg

— art.riped Indian blanket. J

cirr-nmstances in hrtrw .nu. _ Bhe “>« PMIure skn

i circumstance* to bring articles of -p ° . LTl!

J Impeachment gainst state official* of h .! nf

A. L Commons of Miami, the

: third demo,, rat, le a new conier In T" 11 ' -Hf 00 Vo w-examl nation by
Ithe Senate but has been yenerahy

j claased as favorable to the admtn- ‘5T*J “»• * •"!'

emment agent took b*r W the pa*-<

latration. The two repnblicana are tore „ d Tn?LS not
C. H. Terwlllewr of Tola* and Ira I IT* “?. po ^* d .. oa ‘

Hill of Cherokee, both of whom !}”• •** ”1 ’*** *‘ 0Tt,0 ° ot

were numbered amen* the 11.

Bfltt defens* a&d government
^w«*©ciilc»rs cStAS various legal
Ij^olu to sustain jheir conle n-

Stmttei CMtatioua.

■*U bsg t toe govs mm ent to show
ah on* case to support its argu-
mmt. Gentlemen, I beg this but
the search will be in vale.” said
fttuart- Court recessed for
t«« hours while Judge Kennamer
■fddlsd citation* presented. At the
afternoon session, he held that
Levliy ecu Id proceed with his state-
ment to the jury. Howard made
th« defense’s opening presentation
to' tha Jury.

He said evidence would be
shown proving Hale and his
nephew, Ernest Burkhart, were

not intimate. That Burkhart wa*

serlou* Ja^vratioaB and bruisdL
Othey^ccupants of the co^kall
bruisedr and scratched, Inclu&d j
Mr, yJd Mrs, McDaniels, Mnkj
Dorg^ Bruner, Mrs. Norma WaudetJ]
and five small children. >

Tulsa’s Large

; commission, said that if the senate
paneM a resolution similar to that
j of the house asking postponement
j of the letting until in February
that he would adylsp the commis-
| |don to drop its fight and let he
: siting rest until the legia!atur e had
hown a willingness that the com-
lon proceed with the big let-

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Jwm&r; 24, 1929 <

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MK1&BA5J2UH. ?OB i.33. ICH3ISC,
Assistant Attorney General.

In connection »itli the inYeatisetion of
the esee 'entitled: - 1 . K. TMW of

Osaro Indiana, there &--e transmitted seret-it-i, to,,
your information, copies of th© follOYiryj reports.-

Report of Special Agent A* R. O^zv, d~i
January 17, 1929, at Denver, Colorado. -

Report of Special Agent J* II* Burger, 6c ««■
January 19, 1923, at Oiaehoms City, Cfcla.

1 F^r>r<j are also transmitted herewith,
cli 4 ,ji^ relative to the trial of this - ttcx.

./ery is. .y yoi

R * ^ +* r ~ f

Ei*C

hiriL s -or*

•» . “X \ > » /, , ; "

4 ->v v jj .

♦yx cjfflt 7 • 7 -/ afcta a a u M g

,i 'tt.-lLPta ‘tOYi

(

^is case originated at Oklahoma City, Oklahoma

DATE WHEN MADE:

—
PERIOD FOR tVHiC.H MADE

1-19-29

1-8 A 16-2 3

J. H. Burger

cha;- acter of cal .

. oV .

-

Jr'

Intimidating Ccnrer&ent Wiinets-'

es. v^SaF !

i *

:s

! JSg'NOPStS OF FACTS:

(o. c. #72-14-4)

Subject threatened life of Matt Williams, a Government
witness in case of U. 3* vs* W. X. Hale. Statements
of Matt Williams and Maude Brown Williams* U« S* Attor-
ney Goldesberry authorized oomplaint against Subject*
Complaint filed. on January 8, 1929 be fore U. S. Commis-
sioner Melott, pawhuska, Oklahoma/ Subject Crested and
arraigned before Commissioner Melott January 8, 1929*
Preliminary hearing set for January 16, 1929* Statement
of Ike B. Ogg* Preliminary hearing held Jan. 16, 19h5
before Commissioner* Subject hold for action of Grand
Jury under bond of $2500 and in default of 3 ana was re-
manded to custody of U* S* Marshal and place! in Osage
County Jail*

- F£*n>HTG -

[32 G?he above captioned case ie predicated upon complaint made «o United

States Attorney Goldesberry by Matt Williams, a Government ritness in the case cf
-§nit id States vs. W. K* Hale, Matt Williams stating that hie life had been thr, atonec
Hy Subject if ha, Williams, should take the witness stand against v.* X. Hale* Matt
/Williams made the following affidavit;

M8

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. APPROVED i
p ^OftWAHDei

I”-— -

Washington

REFERENCE:

State of Oklahoma
County of Osage ss*

Matt M. Williams, of lawful age, after being first duly svorr
oath, say 8:

I reside at Pawhu3ka, Oklahoma. On yesterday, John puke stopped i.y
wife, Mtj. Williams, on the street in P&whuska and was talking tz
her relative to her being a witness In the W* JC* Hale trial* She
left and come across the street, meeting me* IXike hollered over co
me "Don* t you like it?” rt If you don f t come a cr o 3 fib flvrrwrrrrTC-T^ -

_ • Special A<.cmt

IN CriA FCE

OF THIS REPORT FURNISHEDyf.

7

^ St 'So 33 -7^/

DUhEAL OF INVEST JG A*: :ON

COPIES OF THIS REPORT FURNISHED !

NEC 0.-> DEO AND .N Dt>EC
*: " * »• -,T :

CHECKED OFF:

2-Bureau

1- U.S.Atty. Tulsa

2- Oklahoma City

I DTd ART MENT OF - .“ICE

i

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. : I went Across to where he was end Duka then told me about her
"b^ng a wltnees in the Hale trial, that he was going to blow her tcsti- J
many ell to hell* I said. "I don*t care anything ah oat yen being - witness
and being subpoenaed in these oases, but I am al^o witness for the Sever..-
meat". Duke said "If you take the stand, 1*11 blow you and your testimony
all to hell”* I told him I dii'nt care to talk with him further - the.se
matters but I did*nt want him. to say anything Inara ting to lire* .•illi-vrti.
because she was a witness or to ewer speak to me again pertaining to t.’ii tt
trial* fhis morning he came to the Slk» Hotel in ptwhuaka* A» I started
to leave the door of my house, he called my name,, putting hia hands in his
pocket and stepped back* I engaged in no conversation with him and teiodi-
ately informed the Government Agents and attorney of his mission there* J
am satisfied, owing to his mental condition, that he had been ritcid to
a racket with me in order to kill me* I have known ;*in for & po •: . n

a year and a half*. Ha is a whiskey peddler and -for the last six ;.on-*fL
served two terms in the County Jail here and just recently vas liberated*

Matt K. Williams

Subscribed and sworn to before me this 8th day of Jan* 1929*

Johnnie liohon, Notary public”

My commission exoir©3
March 29th, 1232*.

nary

Mrs. Maude Brown Williams, wife of Matt williams, was interviewed on
8, 1329, and made the following affidavit:

$

State of Oklahoma
County of Osage se.

Mrs. Maud Brown Williams, of lawful age, after being first duly sworn"
upon oath, says:

On yesterday, January 7th, 1929, little girl and I was going A: wr-
iest Main Street in P&whuaka, Oklahoma, and just as we started to tret oi:
of the sido-wslk, there being quite a bit of snow there, ny little plri
asked me to help her across, *ying that she could not step over he wire
pis ^ce in the snow* Just abo^t that time John Duke walking ur»d

adld "I got me -a hand full of papers this morr-ir^'. I said, ’*! e:-.r<s ncta-
!■ abput your .papers". He said "Howard sent for no co r i'?u -2 up in rria •
oSics'anu when I went there he shoved me a hand f.u.1 of papers" • I
"ftat it nothing to me", and he said "it may mean eo:c-hing so y cv.* . h'el
sld n asj evidence is going to be on you"* I said "he*** tlAt, ycv-. li. os

•* i* _*£*&£*. , - ; w , T - V,

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2-13-29

nothin g about »•"* Ho aaid *1 know a plenty of what you h£T$ told
I sfidt, "Well, I haven*t told. you nothing”- Ho sail "you ktva told
plenty of what Matt William* has tried to get you to do ab c\: i the EsG*
case", I said "Matt has talked to me never about the Hale caoe - ha
never talked to me about it"* He say*, "well, I tell Howard this morn-
ing just to put me up on the stand and tell me what to sgy, ihsst j will
say anything to keep a man out of jail but I don’t say nothing to put hi:
in"# I just turned off and left him hero, ;.nu then I walk:.:- aerom th*
street and met Matt on the other corner* fhst is when he hollered to
Matt*

About one .week ago John Duke called md on the ^-phone from some plac6 in
pawhuska, Oklahoma, said he said "where is that husband of youro? 1 * I
"I guc^s he is down in town", and he said "well, after the ?th, z
going to have you". I said "what do you mean", ar.d h * said ** : r t

of yours will be out of tha way after the 7th*

3k5 aude Brown Williams

Subscribed and sworn to before me this 8th day of January, 1929*

isy com* expires 3-29-32.

Johnnie Mohcn. notary public.

•This matter wac submitted tc Jilted Sta oes attorney Oolu% ahors

j i — o~

34

35

3 6?*wh-aka, Oklahoma, who authorised the filing cf a complaint against Suai era, eb-: u -
;< *lng him with intimidating G^ernment witnesses* Complaint was filed by this .tg-ant
<$efore United States Commissioner Melott on January 8, 1929, at pawhuska, Ckla*

'''35)n s.me date Subject was arrested and arraigned before Commissioner Ziolo-.t* prelim! ~

4 &ia ry hearing was set for January 16, 1929*

U

4 2 Ike 3. Ogg, of Artesla, 2f, JS * , was Interviewed at P&whu'

4 frhere ha was in attendance as witness in case of U. S. versus tf* K* Krle
4 January 9, 1929 and made the following statement!

45

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Vy name is Ike B. Ogg* I reside at Arte&ia, y. k* on January 7, 1320
John Duke come to my room, #18* at Oklahoma Hotel, Pawhuskr, Ckle* bus.
told lAx Billingsba and r^ysalf t v it Mat Williams who waa Gov rr.r: -r:t wit-
ness in the V# E. Bale case would never live to testily for :hc< -rn-
ment us he" John Duke was going to kill Williams, t- god da-. >■ :.-n e. S
Bioh* Chas. Davis of Okesa, Okla* and Leaitey 2i.it h of pawhu: 1

wfca also present and heard John IXJce make t . rove re^-rka,

»

Ike B* Ogg*'.

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1 - 19-29

B« 0« B urger, pawfcoaka, Okla*, stated that on January ", 192!
■**»* tb’Hll Oklihoma Hotel , ' P»whusk« , wh«r« he lived, end hie attention xn . cal:

Krs. Bl«*c, the landlady, to a man 10 was going down the halls and knocking fen
V4rioua rooms and who had made uagentlamanly remarks to her daughter in -ha office
hi the hotel, and to look after the man and see what ho wanted; that he, Burger,
kfcproaohed this man, who had only one good leg, and a3ked hi:: what he wanted and hr
kitted he was looking for ISfcx Billingsly and for me to attend to my damn business*
efid he turned and ran down the hall tc Boom 18* Hr. Bur pji further stated. that -io
red this man around the hall to Boom 18 and this man stated to some others in
18 "come on hoys, this fellow is going to throw us out"; that this man then left
hotel* * «

\22

2 3i J. V* Murphy, Special Agent, Departed :.i> of Justice, & uitneutr

.attendance at trial of U. S. vs. W. Eb Hale, stated that ha went to the OUULr.:' / |
S&tel and in passing down the hall passed Boom 18 which is occupiai by Ike p. f h
3k6d noticed Ogg and a couple others in there; that Ogg Spoke tc aim and he s-c zptu.
AM stepped in the door; that he noticed in the room a man who ha* a peg leg and
LA&othar man who was sitting down, hut whom he did not reoognize, hut was afterv&rda
^ld was Dempsey Smith; that Ogg introduced the peg leg. man to hla as John Dux*;

3&at Duke appdared to he under the influence of liquor, and hs, Morphy, left the
>bom and proceeded to his room down the hall*

.3 2

3 2 Preliminary hearing was hex! before U- 3 .

iTdnaary IS, 1929 at P&whuska, Okla«, and Subject was held to:

£5rand Jury, bond being placed at $2500. In default ox

•vr.d,

Conxi 3 1 - loner llelotv on
“ thr action next
.Subject -'six .nice

j± e Custody of the U. S. Marshal and placed in the Osage County Jail*

Ascription of Subject JOEL* D0K3;

V*.

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Age - SSL-

Weight - 150

Bight leg off above knse

Height - 5* 8

Complexion - light

Left arm off near shoulder.

A

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\ Following is & list of witnesses for the grand jury;

Matt M. Williams
Care Slka Hotel,

Pawhus ka , Olcla •

Maude Brown Williams,

Care Elks Hotel,
paw'Qualra, Ckla#

Ike B* Ogg,

P. 0. Box 363*

Artesia, N- M* '

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59
f Q *

61 -
6SF-L

40 ^*. <■

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2

3

15 J. R. Burger

16 '

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1-19-29

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59

Chas. Davis,

Okeaa, Oils. .

Max Billing^ly, r
Okesa, Okla. .

Dempsey Sr^ith,

Pawhuaka, Ckl&.

J. V. Murphy, Special Agent,
Department of Justice,

Washington, D. C«

H. 0. Burger,

Care J, B. 3urger, Special Agent,
Department of Justice,

Oklahoma City, Oklahoma

J. R. Burger, Special Agent,
Department of Justice,
Oklahoma City, Okie*

(Che above case is held pending action of next Grand v,uj?y*

P2KDIKG.

Thts case originated at ChlPh^'A Cl ^ f ,

REPORT MADE AT:

DATE WHEN MADE

f* rt. . - ~

c 'O

■ V, _ ... <,

TITLE:

PERIOD FOR WHICH MADE: REPORT MADE BY

1-22-29

CHARACTER OF CASE:

osage OTiArr :rnr^mR.

SYNOPSIS OP PACTS?

At tile re jj-^s t of T. J. Leaky, Government attorney
in this Case, Pav/lruska, Oklahoma, 1-23-29, John
Degnun, Tom honors and Joe Pro ,n, Pi Paso, y res-
pective witnesses this c-se interviewed; substance
interviews with then furnished hr. Lenity, who re-
quested tiu.t Powers u:d Brown y roeaed las :ed Lately
to Puwkuska as Government wi tree cos# They left
SI Paso, 1-23—29 for Pawhuska. Tom Johnson, an-
other prospective witness, nave at Los Angelos;
this information furnished hr. Leuly.

BT F^HSFOB: Telephonic conversation Tith .%rent

Proa.- 3. Smith, 1-22-23 who Called from Pawhuska,

'.IPS :

.t PI PaS 0 ,

The telephonic conversation with Special fyont Smith v/as to fie
off -ct hr, T, 3. PeJ-y, .... of the Govorn...^nt attorneys in the ! J ~.le c_oc, de-

o?w»^S th-t tie hi Paso Bureau office male in uiries of Johns Poanan of the St. ?.c w is
Johns m o f the Sh, ; V* "etcl; Jo*. Broun, * ho for -eriy ' orbed for h. T.
(Pom) ’lowers, who ran the "Coney Island Sale on" and also Tom Powers, in an effort to
_scort-in whether these parties or any of there recall that in 1310, 1311 or 1312 that
one Henry Gra.accr, sece_sed, was in hi Paso, Texas; that said Grassier was supposed to
ha/e loan in HI Paso at the aforesaid time in corny ~ny with a man by the name tf Boss
T. Tricks on; that Deynan, Johnson, Powers aid Br j.h would yrobubly he nhle to recall
Pricks ;n aid Crou.er, as they Both -re cattlemen and that Gramner was a rodeo per feme

DO NOT WRITE IN THESE SPACES

COPIES OF THIS REPORT FURNISHED TO:

.tau^ L

BUREAU OF INVESTIGATION

DEPARTMENT OF JUSTICE
ROUTED TOt \~ Fite

CHECKED OFF:

FEB 1 -929

i

.*fc~ y>-

JC

■lit Sir. it;: farther st^tvd that this infer..— t icn w-:

-t

_ l * ~ TT 7

_ i

uib uabt ib ivjv, Lein^ xriua ax ±^a;., iius.ua li:l t._ut i:.*: X- c eve:: t a:,

of these j.: erties cur testify- that Cruanor v.-C i_ FI ? a 3C, tf. t tfe i .rtic: . ’
c an s: testify are wanted ir. Paenushu as GovorniEcr t v.'itressvs . II ,-a i a tl ..
stated 1; Ape*, t Sr. i th tmt th<= sul rta.ee of tie interviews nil' tl se j.jc: cor

c_.r.fr w t" is i. ttor 1- furnished fie direct _t faa.asi.

w^rised tfereof; that show I ~ tf esc _.rtdos fe uflo- t
tf.._r v If. t efd.rte f e—'e to L v. ih-... tm..c . erf- d i
V official: ,.t Fort flics, 7. .ms to Fort Sill*, Cfi..f:

c t:

If t Hr . L-_ .
ivc t. f c r c

. ' - ; -TV

■> ' ■/*-, • .

tf.t the c . . . t eU:

II t

j ~ - • . i.-. -

Specie. — Apert F. A* .. &.tt

tf . ^l Paso office ascertain:' tl — 1 Fe.

Johnson left Fi f<*so quite scree time ape arf is nov. to le found at ZCC forth Citrus
Stm.t, Los if. pc is, California.

, writer interviewed Join; Depnar, cattleman, residinp at tfc St.
s t ... t - i t i. - 1 ho r c. :oe :;.L o r s Foes Fr io f s or v ■: r. e 1 1 c u t

cc._*.

ft: rap- Sr;

;T. ?dr. Pern an stated tf._t he la*' 1-cn ir twiop-

t cor a . t i' l- -
aic ccrv.u-

aia tfis ratter arc th_.t ice had tele Frichsor that l.e c.illi

he could rot 0 ivc an;; testxiacn; concorrirp tfe-

or

ia is io, i:u;/ifii

Perry Grunner.

Information concerning, tfe odd rest of Tan Cohns on and the -fa- t th. t
John Dean could pive re testimony concerning Gramme r, was furnished A^o.vt P ith

-t fa.

lama L\ teIe.:rnL.

S^oCi-1 A>r t P« A. fait interviewed
d o l x . f Street in FI la o an
co. Pro. r. stut

ns— r; t^iu*t iio <* x

to At- oat ”Vtt th^t fe recalls Ferr;*

on .oe frown v.f o riv

i. - ^

Gra.a.er leiny i.

t? _

tfe

..^a cf Pess

• -- + +• f ■ - t

rn.;oadD..rs t._ t Gra...aer >;as
nr. +.n «• t i t: r>- ■■ ■■ ; r. tr If - Ha. t Gi acacc :

FriCj.soa c.^re ia Fi l.^so,

Id. T. (Ton) P goers, emolcfel Ip tfe school hoard at FI f-.se ■. r.d r-
sidiup at 1117 ^ oninp Street, FI Faso, was interviewed rp this apart. Ff.v-rs
st- tec th~t he recalls Poes T. Uriahs on and Ferrp Graaner heinp in FI fv.eo ia -•
or li 11 attend inp a rodeo; th-t he does not recall that the; were in Fi fao or
la t ere sa-f . occ . - -i - - ^ 1 ' ' nev. ’far- ha..a all c. t' , l^tt. ^

C: _

* . f

.f. t t.atf

A

7

vy

M O

XV L

i.' v- J.

Ci.L'wiu re ^..stiin, tl — t Tom Fevers and Joe Er: .a be advised kat their pr...::acc
is necessary at Pawhuska as Government witnesses and requests tin t they ± recced
in a manner tc reach P&wkuska at the earliest possible moment; th_.t travelirw
expenses of these two men will be taken care of at Paw hu ska and the t hr. Leahy
be advised of the time of their departure an 1 the time of their arrival at
Pawhuska .

Agent then get in touch with Powers and Bro.vn and advised then cf
the wishes of Kr. Leahy. These two men left Pi Paso at 7:1a P.Td., J^nu_cg ad, 1

via Texas Pacific Failrond for Pawhuska, Oklahoma. Agent saw them at the TTr.ioi.

TX ^ ^ i- TX "■ ; ^ ^ , V N X X H. X ^ ^ V ^ S' « ^ i v ,■ ,7 -v . .. — X , -v ~ yv -T y. t g J... f

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Powers went willingly, but it was with reluctance that Brown vent.

On the night of JunUcC'y ZZ t Special Agent F. S. Smith a_ain called
the writer by long distance telephone and st„tud that Hr. Leahy was desirous cf
knowing whether or not Brown and Powers would proceed to pawhuska as revested.
Agent Smith was informed of the departure of Brown and Fevers from PI Faso, ad-
visin' th~ t if they sake the proper c onnecti ons at Fort Perth, Texes ai:d Oklahoma

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PddFlPP-dP UP or CCTAIFTICP Ti OFFICE OF CPI 0 IP -
Fu FUBTHER ACTlOr HERE.

(T

HHSiJS

6 £- 80 £ 3 - 7 *^

January 31 # 19 ^^-

- ISEBDEASIOT F0£ ME., ICSBl^J# _
Assistant Attorney tenoral*-

Sltt further refe^n^to ^he^«e

entitled i - *• £ - £ tj-L^oittel

infection. » ■ «W

orT^'rt of TOU1 ^ »***
Prcntley, detei Jrnoarr - 5 .
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Enc.#UM 87

director

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Suft^CT OF INVESTIGATION DEPT OE JUSTICE 4 A SHI NGTOn r *C

EI^AllY ADVISED ‘A‘ K HALE CONVICTED PAA'HUoKA ' TODAY' PrFf^E i W ED /

2 %mtcnCE

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a daeletoA a* to prosecutlr* aotloa ia eannootl&a ^ith t5uwe
muter**

? A*y traty yoer*^

V. A

-hi 5 case originated at Oklahoma City. Oklahoma

.JSEPORT MADE AT;

DATL WHEN MADE

PERIOD FOR WHl.' H MADE. , HLPORT MADCDY:

Okla homa M i tr» Okla * 1-50 -29

\

K. ( 5 BL) HALE

13 *

1-30-29

_ J. B. Bur£?r_.

j CHARACTLH CF CAi'fc*

Parole Bepcrt

14

15

fn. n. &70-W

-YNOPS 1 S of. FACTS:

¥» K» ,(3IU>), . HUB
Maxtor jfr&gp JtollMwx

Subject W. K*‘ (Bill) Bale, known as Osage £ing of Crime, indicted

21^'

22

2** Guthrie , Oklahoma* Convicted "by Jury at P&whuska, Oklahoma, 1 -25-29, and atr-

24

2 fenced by Federal Judge Kennamer on 1-26-29 to life imprlso^aent at 53— .1 ;-v: .

126 "

2-fceaveuworth, Kansas.

O

n

29 Age of Subject, 54 years* Harried, has wife and daughter, Hrs*

30

7 jjfillard Oiler, who makes her home with Subjeot*a wife at Fairfax, Oklahoma*

32

P-’

12 4

! 2 Oklahoma, for past twenty years prior to his arrest on murder charge* Subject
36

•>mlso wanted by Osage County authorities on two other murder charges for which
38

bounty Attorney, Osage County, holds warrants*

1 0

; fETAiu- Subject* a activities and participation in murder and cil^r cri™*3

« 2

; yire almost unbelievable, however, true - his motive in such nurwcro tsu
U

j ^omitted by Subject for money and revenge, and to cover up Ms numerous crimes?

16
! 1

subject — known as Osage King — has dominated in 0»aga COuniy,

Approved and

lert o \xr innrn

V c

^WASHINGTON

-REFERENCE:

L

i 1 v a Vi li!. n -flv/* .

^ TilM t “I, i

/ ' 1 - |X" OCHtAU Jr .NVtrj'IGA.M^N

J|6p/E 5 OF THIS REPORT FUR.N I SMEtXTO. J/

\ •' i

v \* x I

DO NOT WRITE IN THESE f-PFCTS

, 1L rOhD£D ANU.N’JtXE

fT

i % *92.

5-Bureau
2 - Oklahoma City

aa-ARTMC NT of justice

\

' r i r-

r-

I ROUTED TO:

f.-e; .

ty ♦ -'V# } '/";*•

£ m •' ' ■*

/

62 i

amwst rMDrrir.u omf *

-W-L.'n

JFii f; • j U.

• A.’. 1 -' .*<'

1&.-5085-W3

j i y '925

FEB U

i» * c^m^er , ^

‘fresiiea**/^^^ 3 01 Parole*

'^^3‘r. i r%jt or- , T>* C *

Dear 3ir:

tiv; reiorenca to trx i' r ^’ s ;^‘""
randu-u dat -d Jeoroarj' £1* * viy> “*r

transmitted a parole report relate ^ -• *;•
(BILL) conjictod and

oi- a oharst- o- murder* U.era -o
hermit:* a supplemaai;*! i>c ; role re * ,or “ r ^ u - u "*;
‘ JV Uio trioo anu

Up r.w,rc ro-tri U in Ui, ~ ufc *

vnr •' •. /il ' ' vm. -'■ v

k V‘A^j “ ^ ^ 4. «*

Director.

2381. 115184.

J^rTuis orv s-jj.
UAI^O

f£B' 0

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TT >:•"', o • -'. ^tV. 'V-oe' ? ^ V * > i s* : <; '

• »’*-' • '4 ■X V.:*. i.4 1 *! «$ :~W:,nA*. '%»

*.C- *«t« . v<

*f>r.

HIS CASE ORIGINATED AT 0 rt-Uin OUlU

Oklahoma

, (TSlif.

DATE WHEN MAOE

1 - 26-29

PERIOD FOR WHICH MADE

1-25-29

JdLihi i 6 a . .ri» etal

]^NOPSlS OF FACTS:

L. A. File 70-21 /

is

'<¥■
21 ^
22
2 ?

24

Two tritnesses x*or the Government in the Osage Indian
cas f '3 - 0. C. Jebb and Claude Sawyer - located for
the Oklahoma City office. * ■ —

h. t j.

DLIL.ILS :

AT LX ANGELES, C.cLIFCLi.Ei

18
3 9

;c

»pfeT*a-s

12

Upon receipt of telegraphic ady^ets from the Oklahoma
City Bureau office, Dec 12, 1G26 ?> ^nd January 11. 1929, to
endeavor to locate 0 . Cr 7. LIB and CL llCu 3A/T1S , that 'they may
be subpoenaed as witnesses for the Government in the Hale, et ul
Cf se , both witness c ' were located.

It was found that 0. C . Y.'uBS had been at vVhittier ,
California, and left, later returning, and believed to be employee
in the cil fields near Whittier.

CLAUDS SA7TYLH was located et the home of C. D. E?LT2\ at
San Ysidro, California.

This information was sent to the Oklahoma City Bureau
office by telegram.

HLFLRRL1 UPON CJLPIITICI 10 CUT CL 01
NC IURTELH ACilON Eh'HL

. APPROVED AND
: (ORWARDED:

Special AhenT

in CharOl

) — -ff - xz ~~77J7' —

WASHINGTON

Reference:

60
nl
6 Z

SHC;JC

62-50*:

-7^?

February ^ , 1923#

;21^'
22
2 3i

24
2 5
26
2 .

JEJ-CBAKDTX FOK Ih. LUmildd,
Assistant Attorney General ,

With further . ef erence to the c:?e
entitled i - J. K. (BILL) HAJ£ -'lurdei of
Osage Indians, there is transmitted herewith,
for your information, a copy of a reported*
Special Agent i in Charge E . J- Go ah an, Af.ted
January 28 , 1929 , at Bos Angeles, Cal*

fhere Is also transmitted herewith,
a copy of a report of Special Agent J* B* Burger,
dated January 30, 1929, at Oklahoma City, Okie,

Very truly yours.

Enc. #115044

Director.

f F£fS 1823 ' 7

^ * '■***' - masuv ,•■ .,-it iuflK&T L... :r. .'

TSBE.’BllSi’f JJlIHi SffilB ijEnKry^ w i »;«n ■»

Vt V

2

2

4

c o ■’

in

Ovi .r'f , Okie! rr.a
Jarre s ry 20, Iff
I. 0. Pox M3.

Hen. J. Edgar Hoover,

^Department of Justice,

Via si ir.-'tc::, E. C.

Beer Mr. Hoover;

I 8'ioulc have written to you he fere telling
ycu of the splendid result in the case of. Unit td States vs
?/. K. Hale (Osage Murder esse). You doubt lesVEtrcv. "by now,
that Hale was convicted cf murder in the first degree mi r
sente- ced to life imur i acumen t .

, You else knew without my telling you, that
this fine outcome is due very largely to the splendid work
of ycur office and your events cn the ground. I d-coire-
particularly to call ycur attention to the work of Agent
John n . Burger, who has been there so long and so faithfully
working up the evidence in the case. Tnis is no wire deers,
from t v e excellent work of the ether age,. Is, wr.o car? to
work later.

you mo to the lepartmer. t re cues t , r. g Met hr . Borgsr he sent
ccwn here to resume work on this case; he v.ss sent and as Z
cay, thxe other agents appeared severs! .tenths later. As you
■•.new,. It. Burger has a ho..e in Kansas City with -.is wife and
daughter arid I believe a grandson, who he is raising and send
to school, and I know that he will be very anxious tc return
there to the Kansas City Office, sc that he cm V- at lucre,
say tr.is without hating discussed it ir. a nyw.ee with hr.
Burger; if you can see year way clear to rtiar.a him tc y our
Kansas City office, his old pest, I am sure that he will be g
althcugh, as I sev, I have not discussed it with him.

Ilease let me reiterate, >y r . Hoover that in
particularly praising Mir. Burner * a work, I Cc net want tc
mini: ize the work cf any of tne other a gent r for they all did
more tun splendid work carrying >ut the nretMtei praise,

I favt each of then, in former letter 0 tc "w: i r. : .a-, rt-.u

<£.?' 50 33 - 7 */

%' w?;i *V-flR

V-'

'*■ * . Z* '
% . '

-."it *•'

’ > r ."*' 1

February 1 ,

,, \jf ^ ■’.

hwS*#*- •

Hon, Edwin "Brown,

P* 0* Box 513,

Guthrie, Oklahoma.

J>ear Ifc*. $tf0wnj ... J. ....... / ^

vwvv, v'- - >v ; ", <* recei-ved your ^Letter of the 29 th ail t ley, , • ■$**$ ‘^jaij^y*

• to^iear from' ypii* •' ’-aFirst,’ I warft Arot-enrtend to you aiyhe&r

- . congratulations’upon the successful .on tcome of the’ W. r, Hfele^ :

The result should certainly tend to 'strengthen the confidence
Federal law Enforcement Agencies in the State of Cklaho.:fr W. n ^^ T
cate to the lawless element that when the Federal Qprer^t&nf uMW-
vp a ms 1 1 er it 1 nt end Is to go tfcr aigh wft h . 1 1. irrespec t iVe o* -thefeKii
vVVfW that may l W':placed in its^Wayv'

•**' • •• ' '•• '■* — ’ ^ ' " * *"' ’ •- ' ~ jr A

31

MS?

V A'3* 1* gratifying" tp^uote that the Ag

TCre so sat iff ac tpry • work?t*j>on tth

A difficult investigation it has been and each and everv men
who has worked upon it deserves ail of the credit that ctn he ac-
corded to him for his efforts. • .... f.' 5

In regard to Agent ^rger, I well appreciate his inde- .
^fatigable.. application to dirty throughout the many long’ mon^h^^hi
. this case 'has Been pending. - In regard to sending^im r-htcSf*^^

^Kansas City, 'T shall >e tery glad indeed *e keep, this
♦ *\ the present ooattfa',"- however, think it wot£d-W ‘ ‘ rirjK'ii^

advisable to send him back to Kansas City ant 11 111 m&ffi'wb”*

- the Hale natter 'hfve^been 'concluded. ^" 1 lant to c*ke-certaif '
that there is no poaaiVility of a recurrence of the situation?
developed previously after Jtha trial of Hale. As scon:;#^*,^,....
is a certainty of this.. being passed, I will then endeavor tc h^ve • *

Kr. Burger sent back to his original office of assignment ; ; 7 * \7, >7

. •■•'’■■ 7 " r — 7 '% 7 * 5 '

Sincerely, :.-7> :fv

■ r .. ■ if-

,f ;• . : , V- . ’■ . ,, H .

r

•’: 7 :#v*

' v»s"

k~*i

$

2X»

22

»

24

25

26

52

53

$<

Leahy. Macdonald, Maxey & Files
Attorneys at law

ri*»TNAT(C>NA4_B*NK »UI LOINO

PAWHUSKA, OKLAHOMA

Tecroary 1st, 1929

* ' U fcp UV

W*COONAU3

T. 14 . U*AMV

Eon. J . 3dgar Hoover, Director
Department of Justice
Washington, D. C.

V-'

T“o;u Mr. H cover:

i:r 32 - United States vs.

-"lUJ

I v. ant to give you this letter for the purpose - of
showing ny appreciation personally of the splendid assistance rendered
by your Department ir. the investigation and prosecution of the caSi©[f : &'^jj|p
United States vs. Hale. It cnist "be highly gratifying to you to
that largely as a result cf the efforts of your agents that one cf
greatest criminal prosecutions in the history of the country has besn'-h * .y** -
brought to a successful termination. I dc not doubt cut that .ore
rood will result throughout the Southwest over this prosecution than , .

?ny one of a similar nature that hr s been had. r .-'

Mr. John 2. Burger, one of your special agents, v&s ,v a
locally in charge of the work, and it will not be possible to say. too.
much in .behalf of his efforts and ability. He has earned the everialiih3E<j^if^fe;
gratitude of the public. .

Ur. Trunk Smith # mother one of your r ;er. t s

assigned here to work with

:gur duriu

he la

to the trial, also rendered exceedingly valuable service, and

is entitled to and has the gratitude of the public and should receive

along with Mr. Burner the warn commendation of their superiors. • - '"th

M :h'''aSg

The State of Oklahoma was very such interested in ’this '

case because cf other charger of a similar nat arc par. ding against 7. X. Halo
end which in r way are Loft or less connected v.it: the Hocr. murder cate'
in which he was convicted, and, because of that, the State furrf.uhed &, ■.. ^> : ■

jr3pre.'-cLiV.tive of th.c State's Bureau of Ir.ve-stijg.b-J ci. and Jdent i f
I'r. T. 3. '.Tefss, v:ho .eve valuable rs si* truce and proved himself a

Le investigator.

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JLjain personally than!: lag you for your hearty

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Bear ISr. I^eahy:

X beg to acknowledge receipt &£ year
cornraunicat Ion of February ls\» a and yea to knew
boa nach I appreciate tks caarltceatiuy eootosts therao

It Lui beej a pleasure to cooperate wit:
yoa In oho Hals cs.sa and 1 rx iPire tie effort i> of t'rc.
Bureau** Agent a , nc natter fct/ devoted L :ey rar- ;.u.W
bc«n, wotiM Myj felled to tfcot with oltli^te
had it no* been for tho pioaoeutir- talent dlc^InyeiTby
yo;: \nd yarn- $3SOQiat©p : * pres entire tie esuso i-~ Court

Copies of yo*ir cosnents relative to tt»
individual Agents of tbe. Bureau will be nleeed tn ttelr
parrar^l filer end I ftrast I will lave td.r pi ear, ro of
cooperatin'? vith. yen a^ain i» the fitter© «

Very truly i'oui’tt.

Dire ex or „

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P* 0* Box 1535,
Oklahoma City, Oklahoma
February 14, 1929

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Director,

Bureau of Invest igati an.

Department of Justice,

Washington, D* C*

Dear Sir: Be: W. K. Hale - Osage larder# - -

Under date of February 9, 1929, Hon* John U* Gold*.-; .. . rry.
United States Attorney, Tulsa, Oklahoma, has written me as follows:

"In the matter of United States v* W. K* Hale, the
court this morning made an order continuing the hearing
on his motion for new trial until February 23rd*

In connection with hearing counself for Hale made
some statement in court to the effect that probably an
amended application or motion would be filed based on new-
ly discovered evidence, which we assume might be in the
way of affidavits obtained from persons with reference to
some of the governments testimony introduced in the trial
of this case, and in view of these facta, after consulta-
tion with Mr. Hoy St* Lewis, we have deemed it advisable
to request your office to allow Hr* John B* Burgsr to re-
main on this case and until after 3uch motion for new trial
is finally disposed of by the court, ard this letter is to
request the further continuance of such an assignment of
Mr* Burger to the case. "

I have authorized Agent 3urger to continue on the ca3e
at Pawhuska as requested by Mr, Goidesberry.

^cc: Agent Burger.

Tours very truly.

C. n. Breniman,
Special Agent in Charge.

62 sett’ 7S~0

-* *

CE5:R

P. 0. Box 1533,
Oklahoma City, Oklahoma
liarch 4th, 1929

18

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Director,

Bureau of Investigation,
Department of Justice,
Washington, D, C.

Re; John R. Burger,

Special Agent.

I have been informed by Hon. John Id. Oclde sherry,
United States Attorney, Northern District <f Oklahoma, that after
Uarch 12, 1929 he will no linger need tne services of J. R.

Burger 4n the W. K. Kale murder case.

m

o 1 "O' ' t * ?■*& r* 4 a t ' ^ v* 1 ir c* a a -C ■ ft r + />

b'" t A ^ i

mis Eurenu office, ^nd I will be ir. a poeiicn to dispense with
his services in t.iis district wren he is released from >. -: Igum-nr
, on the Hale case* Such furtner irn e stigat ; on as may nee-cei cn
any angle of the Hale case in the future, so fur as I am ac^e sc
ascertain at this time, will be handled by one or more of tne
agents regularly assigned to this or'fice, if Agent Burger is as-*
signed elsewhere.

Agent Burger has infor med m tnat ne very much
desires a re -assignment to the Kansas Citycffice.

Yours very truly,

C. £. Brc-niman,

Special Agent in emerge

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Fk- — v vsfaAA *.■ hi» .v j-U v-,»

T. J. LEAHY
' C. e. MACDONALD
J. H. MAXCY
F. W. FILES
T. R. LEAHY

a. v ladadic

Leahy. Macdonald, Maxey & Files
Attorneys At Law
first national bank buildino
PAWHUSKA, OKLAHOMA

February 1st, 1?29

Hon, J . Hd-'ar Hoover, director
Department of Justice
Wa shington, D. C.

Dear Mr. Hoover: IS H2 - United States vs* Hale

I want to jive you this letter for the purpose of ~~

showing my appreciation personally of the splendid assistance readea>e4 FcB
hy your Department in the investigation and prosecution of the cas4mbf ^4
United States vs. Hale. It mst he highly gratifying to you to knd«; ■ — 0
that largely as a result of the efforts of your agents that one of the
greatest criminal prosecutions in the his tor;.* of the country has heeiT
brought to a successful termination. I do not doubt but that more
good will result throughout the Southwest over this prosecution than
any one of a similar nature that has been had,

K£r. John H* Burger, one of your special agents, was
locally in charge of the work, and it will not be possible to say too
much in behalf of his efforts and ability. He has earned the everlasting
gratitude of the public,

Kr. ^rank Smith, another one of your agents, who was
assigned here to work with ^r. Burger during the last six week? previous
to the trial, also rendered exceedingly valuable service, and he also
is entitled to and has the gratitude of the public and should receive
along with Ur. Burger the warm commendation of their superiors. - ' ; -

The State of Oklahoma was very much interested in this
case because of other charges of a similar nature pending against K. Hale
and which in a way are more or less connected with* the Roan~murder case
in which he was cpnvicted,and, because of that, the State furnished a
representative of the State»s Bureau of Investigation and Identification,

Mr, T. B. TTeiss, who gave valuable assistance and proved himself a most
capable investigator.

A-.ain personally thanking you for your hearty

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PA3BTOSKA, OKIAECKA.

’Tabruery 1st, 1929*

Attorney General,
Washington, D, C*

62-9v33'? ! S7

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In r«j tfcited States vs. II, Hale.* •> ^ ■

Dear Sir:

Bo clou’s t you have anflucy lLor^I of iho
re* nit of the trial of the above ease In the United States
District Court for the northern District uf ULlnbuaa at this
place. The case bate been assignee for Saturday, iebraary 9th,
19E9, fox the purpose of bearing tie motion fox a new trial,

I do not snpreh^rd that there is any livelihood cf a trial
being granted.

I think it ; rop-r tt --jii, tijas to i>»*y tout
remarkable work was done in this case under tu.- dirs'dioi- oi tie
‘ Bureau of Investigation in your oi.uoe-

Special Agent John K. Burger tr&s the
principal operator locally for tht pest year Vhat ho
accomplished is worthy of the hiskoet mentien,

2r» 1’rtuik Liiith, upc. ci ui ^p^nt of the *'■■ -*us-
of laves ligation, wan assigned hoi- 4 during thus last sir nil. >r
weeks previous to the trial and rendered ir*cut valuable a.3*icu-._..-
in the caoo along with Mr* Burger.

I

1

The i>tat© of Cklahoraa wee vitally interested
In the prosecution because of the other murder charges againa': kale
which were ponding in the State, Court, all of whiei are more c-*
less connected up together. Because oi that, the Ucveraor a&.i^ned
to assist in the case, from nhs r>tste Jure* an of Invest I pities ani
Identification, Mr. T* ^ • bej.au, w ha rendered vn luctnle :st da o.

! I-X. Roy it. Do?.dtj , united L-tatcs Attorney

foij the »©3tara district of Cklr.homa, and lir. John II* Goldeabr:

•v,

rw J X._ J - .» J. T\* _ a_J -.*- -4 1.x ,

vilx vou -whbh AVAuiwy ;ur

-ittru.Ox’A >isirj.G« ai

both gave a large amount of their tlatol laboif and both rendered
valuable service before and taring the trial of the ce.se.

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» j rogrefctod that tho Honorable 0. R* L"

L Aaelstant Attamoy General, was not present to aid u=? # but art '

dmI^SLT* ^ r'!? Lt “ We fo#1 ttat ae suocsse of thi:
prosecution is on© of the creates* indications of law and luz-'ne
that has boon realized in the com- try. Jus^oe

_ ^ ^ y° u hnc^,, I was employed under a e ass’* a' r

ofCongreas authorizing tie 0 sas , Indies to employ ao^oala^I^

wry gxeteful to you for giving as recognition in appointing h 1£E
Special Assistant ta the Attorney General So that- -I eeuld fullv

d ? 211 ttlnea «“* *«• necessary an! proper tor
c.icceosful termination of the cnec and to - eld L in cl~f 1 > -

tor. ns of ay employment. * ~ ^ " ‘ A ~' J

Very truly yours.

(fttsnod) T. J* leehy.

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M 3 AQKABDQM FOR MR* UJHRIMQ.

I Q3i rotomiag, ber«to» latter

<xf February Ut (| addreeead to tte Attorney Gfloend
by Mr* T* I. L«sohy t relative to the cut of Uaita*
States t» f. S. 3 tlo.

The 3»jtcoaa la ploasod to aobe tha ravorable
eoBBditta of &r« Leahy relative to the work parforaed
by Agent* cf this bureau la said oajeo and uotetlea*
thereof hero boea placed la th&ir pereoeael file**

Tesy luntfy yoere*

Dixaotor*

3**L. 129400.

* #• ^

It r* C* S* Brenlwan,
Special Agent 1a Charge,
Bureau of Investigation,
Department of Justloe,
Oklahoma City, Okie#

halted State* Attorn^
Tulsa, OklahoMt#

Feb# S3, 1029.

"'.'i

■.Mrk* ^ : K-i •- > ; > *•' •

RE i W, K* Bala,

Osage Murder Oaee* " —

Dear Sir* _ • ■ ■ '-}■■ *■ ■.’■■

The Motion for nee trial in the above entitled oaee was continued
from this date, Frebruary SSrd, to March lath, 1929*

Agent has oare fully surreyed the activities of defense counsel#
also kept in close touch with the government witnesses who testified at the VL
trial of said ease, and, while the defense counsel has bean quite active la
looking for soame irregularity or oause tor a new trial, they hare sot to date
filed any affidavit or any documents other than their alleged errors at
the trial of eaid oaee Aieh* in the Judgment of oounsel for the goveraneat#
would not la any way have any bearing on the Motion tor sew trial*

X have on this data oonfarred with Mr. John M. Ooldeeberry, Baited
States Attorney for the Borthern District, and Mr# Boy St# lewis. United *
States Attorney for the Western District of Oklahoma, and Mr# Ooldeeberry
expressed to me that In his Judgment the defease would rely solely os deal*
alon la the Lewie case which Is now before the United States Supreme Court#
to argue the Motion for new trial in the V, L Bale ease, and ay serf lose as
to further investigation in the W. X# Hale oase or notion for new trial
oould be dispensed with at thin tine. However, Mr# Ooldeeberry requested
that X neat bin at Pawhuska, Oklahoma, on the following Tuesday or Wednesday
for a conference with reference to Irregular conduct of parties with reference
to sobs of the Jurors and witnesses In the V# K# Bale east at the trial at
Pawhuska, Oklahoma#

Mr# Ooldaabarzy fhrthar advised ms that ha bad talked with yen ^
over long distance and made such arrangement with you, and, unless otherwise
advised by you# I will proceed as requested to do by Mr# Ooldeeberry* ^

JRB~h

oo-Burean

if AD

Special Agen

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HECsES

£ 2 -St 3 3- 7r*

ttr* C . E. firtnimi,
f. 0. Boat 1536,
Oklahoma City, Okla.

Is “X

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*

Dear Sir*

There Is transmitted herewith the original
of an unsigned letter addressed to your off lee By
Special Agent J. B. Burger, in connection with the
ease entitled} W. i. HA1X - Osage Border.

A copy of Agent Burger’s letter is Being
retained In the Bureau’s file asd the original is ear-
closed herewith as it apparently was Intended for your
office.

Yery truly yours.

Director.

Inc. Xo. 129316

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?. 0 . Box as 25 ,
Oklahoma Ci ty 9 Oklahoma
March 5th, 1929 -

17

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27, ,

Hon* J. } f . Golds gharry ,
Uni tec St* tea Attorney,
Tula®, oHlfthoirii* *

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T r^; John Duhc - Int i:::idsw.:- j
•SStSSraer !_ jjtx ij»seo2.

Plc&ae refer to yocr file in the a&ov* :v:.Uf
ceee and advise "o wither this natter w e present rid ■> 3 tap
recent srand jury st Tula*; if eo> the date* thereof. ?.nd vn<.
er an indiotnent vae returned a^imst the Subject.

Yen u*r ver-*- . r „>

cci Bureau

C. 2- Brofiis.x?.i 4

Special A^ent in C*u.r to

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(P ST50PSIS:

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ft REFERENCE:

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United States Attorney at Tulsa, Northern
District of Oklahoma, has -advised Jthat
case not .presented to grand jury at Tulsa
which adjourned on February 25th last hut
that information is being prepared.

- P -

Report of Agent Burger, Oklahoma City,
1-29-29.

- At Oklahoma City, Oklahoma -

Under date of March 6th, 1929, united States
Attorney, Northern District of Oklahoma,
at Tulaa, has advised this Bureau office
that the above entitled case was not present'
ed to the Federal Grand Jury adjourned at
Tulsa on February 25th} that information is
being prepared and this office will be advis-
ed when the same is filed.

- PENDING -

Tul^a, Oklahoma, ’iirch 7, 1920

Honorable C* £* Breniaan,

Cpeoial .\gerg In Charge,

Bureau of Investigation,

Department of Justice,

Oklahoma City, Oklahoma* ^ /

^ — *< «■ .
kWJi >li »

I have on this date conferred with the Honorable Harry
~oaton, Assistant United Ctates Attorney at Tulsa, Oklahoma, who
is looking after the motion far a new trial In the 7, K. (Bill)

Hale Osage ’border case In tl» abaenoe of Hr* Ooldcsberry, United
Ctates Attorney, who advised me that defense counsel ha 3 not to
date filed axy additional affidavits or documents with reference to
motion for a new trial In this case which will be held before the
Honorable Judge Fa- natter on "arch 12, 1939* a-fc" ^ . o ^ ^ .

I have Iso motif erred with and made a oar ful survey

as to ^ur witnesses and have f Hod to find any noticeable activi-
ties of defence in thi3 connection, AJGjL^

I am enclosing herewith, clipping from the Tulsa Tribune
under date of 3-5-29, with referent to the Louis br thers case
in which the United ~tates Supreme Court held valid tho Lewis
sentences which case the defense counsel based their recuest for a
continuance for a motion for a now trial until March 12th, ~nd
there is nothing new that this agent or the United States Attorney’s
office have been able to discover In asking further continuance
of notion for a new trial other than the allegod errors by defuse
luring the trial at * awhuska , Oklahoma*

JR3:LKH

cc- Bureau

Very truly yours.

J. H. Burger*

' / —

(ca^CK.

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